Monday, May 14, 2012

You may want to hold off on deleting those text messages...

Twenty Years Jail Time for Deleting Text Messages?

gardere.com

Proper document retention and collection are hot button issues for many clients and courts. In addition to maintaining and preserving emails and electronically stored documents, parties to litigation or potential litigation must take steps to preserve information stored on their employees' phones, iPads, and other personal communication devices. Remember that almost all electronic information, even if deleted, may be recoverable through forensic analysis. The remarkable consequences of failing to protect this information include potential criminal penalties.

On April 24, 2012, the U.S. Department of Justice instituted a criminal action against an individual for intentionally deleting text messages regarding pending litigation against his employer. That employee was arrested and later released on April 25 on $100,000 bond.

After allegedly learning that his electronic files were to be collected by a vendor, a defendant's employee allegedly deleted a text string from his iPhone containing more than 100 text messages with his supervisor. Some of the texts (which were recovered forensically) allegedly included sensitive information regarding the subject of the litigation. That employee faces a maximum penalty of 20 years in prison and a fine of up to $250,000 for each count.

Prior to starting ComSec LLC in 2007, Mr. LeaSure was active within the counterespionage, counterterrorism and TSCM fields for 26 years. He has attained the prestigious CCISM, Certified Counterespionage Information Security Management Certification. He also has extensive training, knowledge and experience in the identification of eavesdropping devices, espionage detection methods and the intelligence collection tactics most often employed by perpetrators of electronic espionage.

J.D. LeaSure is also the Director of the Espionage Research Institute International (ERII). As Director, he is tasked with ensuring the organization is successful in its mission to provide continuing education, facilitate professional relationship building and ensure the counterespionage & counterintelligence skill sets of its membership remains current as espionage tactics and devices evolve.